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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, February 27, 2012

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were: Toby Stauffer, Planning Department; Traci Shambo, Engineering Department; Doug Ryan, Health Department; Jeannine Haag, County Attorney’s Office; and Dana Bouchard, Deputy Clerk.

 

Commissioner Gaiter opened the hearing with the Pledge of Allegiance, and then noted that the following items were on consent and would not be discussed unless requested to do so by the Board, staff, or members of the audience:

 

1.         BERTHOUD DALE LOT 2A EASEMENT VACATION, FILE #12-S3093:  This is a request to vacate a 10-foot utility easement located in the middle of Lot 2A, and relocate a 10-foot easement along the western lot line of Lot 2A. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners. The easement contains an overhead power line that is used and maintained by the Estes Park Power and Light Department. The Estes Park Power and Light Department has permitted the power line and easement to be moved to the western edge of the property.  This application is proceeding concurrently with a setback variance request for a new house, deck, and carport to be placed on the property, closer than the required setbacks for property lines and the Big Thompson River. The variance application will be heard by the Board of Adjustment on February 28, 2012.  

 

Staffs review of this request found no objections from surrounding agencies. Therefore, staff recommends approval of the Berthoud Dale Amended Lot 2A 10-foot Utility Easement Vacation and Relocation, file #12-S3093, request to vacate and relocate a 10-foot utility easement from the middle of the property to the western lot line of Lot 2A, Berthoud Dale Amended, for the entire width of the lot.

 

2.         TERRY POINT LOT 35, BLOCK 1 EASEMENT VACATION, FILE #12-S3092: This is a request to vacate an 8-foot utility and drainage easement along the north lot line of Lot 35, along the common lot line of Lots 35 & 36, for the entire width of the lot. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.

 

Staff recommends approval of the Terry Point Lot 35, Block 1, 8-foot Utility Easement Vacation and supports preservation of a 7-foot drainage easement on along the north lot line of Lot 35, along the common lot line of Lots 35 & 36, for the entire width of the lot.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as published above.

 

Motion carried 3-0.

 

There being no further business, the Board recessed at 3:05 p.m.

 

 

PUBLIC HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Pro-Tem Johnson presided and Commissioner Donnelly was present. Also present were: Linda Hoffman, Planning Department; Jeannine Haag, County Attorney’s Office; and Dana Bouchard, Deputy Clerk.

 

1.         POPE SEASONAL CAMP APPEAL – REGARDING NUMBER OF TENTS, FILE #12-G0229:  This is an appeal to the Director’s allowance for a Minor Deviation to the Approved Pope Special Review and Appeal, file #10-Z1777, regarding the number of tents allowed on the property.

 

Section 4.5.7 of the Larimer County Land Use Code notes that certain minor deviations from an approved special review plan may be granted by the Planning Director during construction or operation. The property owner’s desire to host multiple camps of many different natures led to the discussion of the number of tents allowed on the premises. The Planning Director’s determination was that 20 adult campers can reasonably be accommodated with two participants per tent. This will require 10 tents. In addition, sleeping accommodations will be provided for counselors or coaches using two additional tents for a total of 12.

 

The appeal submitted by Sheryl and Randy Pope, file #12-G0229, contends that the Director’s decision for the minor deviation is in error and that there should be no limit on the number of tents associated with the camps. The appeal argues that public health, safety or welfare are better protected by allowing as many tents as needed based on the characteristics of the camp participants. The intensity of the use is determined by the number of participants rather than by the number of tents.

 

The appeal submitted by Joe and Raye Sullivan and Ken Ecton, file #12-G0230, contends that the Director’s decision for the minor deviation is in error and that the number of tents should be limited to seven. The platform tents described in the project description are large, 10-foot by 10-foot, and will create a “tent city look” due to the non-harmonious and permanent nature of the tents.

 

Both appeals seek a fee waiver.

 

Ms. Hoffman briefly reviewed the application, as outlined above.

 

The applicant and property owner, Randy Pope, reviewed a letter he sent to Ms. Hoffman on January 19, 2012, outlining several points as to why limiting the number of tents to 12 is not only counter to what the original Project Description and Findings and Resolutions outlined, but also harmful to the, health, safety, and welfare of the campers who attend the property. Mr. Pope reviewed several examples demonstrating why more space and more tents might be needed depending on the camp dynamics. He further expressed that a limit to 12 tents will not work for their business and that his request is to allow 25 tents, one for each camper and for staff.

 

The second applicant, Raye Sullivan, expressed her desire to protect her property rights and make sure the conditions that were originally approved during the Pope Special Review are not changed dramatically, impacting the compatibility and harmony with the neighborhood. Ms. Sullivan stated that more tents would cause a greater visual disturbance to neighbors and could decrease their property values. She also spoke at this time to the second item on the agenda for this hearing, regarding the number of events allowed. Ms. Sullivan expressed her concern that an increased number of camps would lead to much more traffic and overall disturbance compared to the 10 camps that were originally approved.

 

Commissioner Donnelly asked Ms. Sullivan how many tents she was requesting to be approved.

 

Ms. Sullivan responded that seven tents should be the maximum.

 

Chair Pro-Tem Johnson opened the hearing to public comment and Amanda Lomar, Keagan Pope, and Kyle Maulsby all spoke in favor of the Pope’s appeal and request for 25 tents.

 

Shelby Majors and Dale Durris both spoke in favor of the Sullivan’s appeal and request for seven tents.

 

Chair Pro-Tem Johnson closed public comment and Mr. Pope returned to give a brief rebuttal.

 

Both Commissioners stated their opinions supporting the Pope’s request for 25 tents, explaining that it is reasonable and falls in line with the original intent of the Special Review approval.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners overturn the Director’s allowance for a minor deviation to allow 12 tents for the seasonal camps approved in the Pope Special Review and Appeal, file #10-Z1777, by approving the Randy and Sheryl Pope Appeal, file #12-G0229, which approval will allow for 25 tents, and also approve the fee waiver appeal for the Randy and Sheryl Pope Appeal, file #12-G0229.

 

Motion carried 2-0.

           

2.         POPE SEASONAL CAMP APPEAL – REGARDING NUMBER OF EVENTS, FILE #12-G0230:            This is an appeal to the Director’s Decision to allow a minor deviation to the Approved Pope Special Review and Appeal, file #10-Z1777, regarding the number of camp session events allowed.

 

Section 4.5.7 of the Larimer County Land Use Code notes that certain minor deviations from an approved special review plan may be granted by the Planning Director during construction or operation. The Pope Special Review, as documented in the Findings and Resolution (F&R), reception number 20100038712, granted land use approval for two uses: Community Hall and Seasonal Camp. The conditions of approval for the two uses were separate but related. The Community Hall use was revoked by the Board of County Commissioners on December 13, 2010. Nonetheless, the intent of the approval granted at the time of the Seasonal Camp approval is well documented. One Condition of Approval for the Community Hall use details the allowed number of events:

 

The allowed number and occupancy of Community Hall events allowed shall be as follows:

 

Community Hall (1 day events)

 

20 events @ 130 guests

20 events @ 90 guests

20 events @ 50 guests

# of weddings

    18 in 2010

    12 annually in subsequent years

Total number of events per year

    60 maximum

 

At the time of the seasonal camp approval, it would have been possible to hold up to 60 seasonal camp sessions if all of the allowed community hall events were exchanged for camp sessions. Therefore, Revocation of the Community Hall use did not change the Seasonal Camp use. The Planning Director used language from both approvals to infer the intent of the Seasonal Camp use to be to allow a maximum of 60 seasonal camp sessions.

 

The appeal submitted by Joe and Raye Sullivan and Ken Ecton, file #12-G0230, contends that the Director’s minor deviation allowance is in error. The appeal suggests the number of seasonal camp sessions allowed should be 15. The appellants cite concerns regarding compatibility of the use with the surrounding neighborhood and suggest that the camps should be limited to one per week and a clarification that only one camp session can be conducted at a time.

 

Ms. Hoffman briefly reviewed the application, as outlined above.

 

The applicant, Ken Ecton, expressed his opinion that the original approval for the number and nature of events allowed under the Pope Special Review does not transfer one for one. Mr. Ecton referred back to the original hearing to emphasize the decision that 10 camps would be the maximum allowed. He expressed his concern that sixty camps would have a negative effect on the neighborhood.

 

Chair Pro-Tem Johnson opened the hearing to public comment and Shelby Majors spoke in favor of Mr. Ecton and the Sullivan’s appeal.

 

Lee Thompson spoke in favor of the Pope’s appeal.

 

Mr. Pope addressed the Board stating that the Findings and Resolutions for this matter stated that they were allowed to have 60 events per year. Once the Community Hall events were revoked, this meant the allowance for 60 camps.

 

Some discussion ensued regarding the number of camps allowed to operate at one time and Mr. Pope stated that no matter how many camps were operating at one time, there would only be 20 campers on the premises at one time.

 

Ms. Sullivan returned to provide a brief rebuttal. She expressed her concern that the original established conditions seem to be changing to allow a larger operation than desired by the neighborhood.

 

Both Commissioners stated their feelings that the original intent of the Pope Special Review approval was to allow 60 events, ten of those being focused on basketball camps. However, with the removal of the Community Hall events, it is reasonable that the Pope’s would expand their camp offerings to other opportunities to fill-in the gap of the lost events.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners uphold the Director’s allowance for a minor deviation regarding the number of camp sessions allowed for the approved seasonal camp use to be 60 events, and deny the Sullivan and Ecton Appeal and fee appeal, File #12-G0230.

 

Motion carried 2-0.

 

There being no further business, the hearing adjourned at 8:35 p.m.

 

 

TUESDAY, FEBRUARY 28, 2012

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager.   Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Donna Hart, and Deni LaRue, Commissioners’ Office; Mina Cox, Specialty Products Company; Linda Connors, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance. 

 

1.         PUBLIC COMMENT:  Eric Sutherland presented the Board with a copy of a lease executed by the City of Fort Collins, which he considers fraudulent in nature.  

 

Mr. Hilgenberg addressed the Board with comments regarding issues important to the community.  The Board then presented Mel Hilgenberg with a statewide congressional map. 

 

2.         APPROVAL OF MINUTES FOR THE WEEKS OF FEBRUARY 13, 2012 AND FEBRUARY 20, 2012: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the weeks of February 13, 2012, and February 20, 2012.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 5, 2012:  Ms. Hart reviewed the schedule for the upcoming week.

 

4.         CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as outlined below:

 

02282012A001           FIRST AMENDMENT TO CLAIMS SERVICE AGREEMENT – WORKERS’ COMPENSATION – BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TRISTAR RISK MANAGEMENT

 

02282012A002           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION (CDOT) REQUIRED FOR ACCEPTANCE OF FEDERAL AID GRANT TO IMPROVE INTERSECTIONS AT CR 30 AND CR 11 AND CR 30 AND CR11C

 

02282012A003           AQUATIC NUISANCE INVASIVE SPECIES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO ACTING BY AND THROUGH THE DEPARTMENT OF NATURAL RESOURCES, COLORADO DIVISION OF PARKS AND WILDLIFE

 

02282012R001           RESOLUTION APPROVING CONTRACT FOR IMPROVEMENTS TO INTERSECTIONS AT LARIMER COUNTY ROADS 30 AND 11 AND AT LARIMER COUNTY ROADS 30 AND 11C

 

MISCELLANEOUS:  Stipulation as to Tax Year 2011 Actual Value – Shirley and Orville Hawkins; Stipulation as to Tax Year 2011 – Craig Realty Group, Loveland, LLC; State of Colorado Department of Public Safety Request for Proposal – Residential Dual Diagnosis Treatment Program.

 

LIQUOR LICENSES:  The following liquor licenses were approved and/or issued:  Elks Lodge #804 BPOE – Club Liquor License – Fort Collins; FOCO Derby Girls – Special Event 6% - Fort Collins; Sylvan Dale Ranch – Hotel & Restaurant w/Optional Premises – Loveland.

 

Motion carried 3-0.

 

5.         PRESENTATION FROM SPECIALTY PRODUCTS COMPANY:   Ms. Cox displayed a PowerPoint presentation for the Board and described how her company was able to leverage programs offered by government entities to obtain rebates on personal property tax, and On-the-Job training dollars, which in turn allowed them to secure a bid and hire 14 new employees for their company.  Commissioner Gaiter explained that he invited Ms. Cox to come share this experience, as it is a great example of economic development within the community.

 

6.         COUNTY MANAGER WORKSESSION:  Mr. Gluckman presented a letter of support for the Elkhorn Lodge project.  Consensus of the Board was to authorize the Chair’s signature on the letter of support for this project. 

 

Mr. Gluckman also presented the Environmental Advisory Board’s comments on the Lily Lake Dam project.  Some discussion ensued.

 

7.         COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities at events during the past week.  

 

8.         LEGAL MATTERS:   Ms. Connors requested that the Board go into executive session for confidential legal advice regarding liquor license matters. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into executive session for confidential legal advice, as outlined in 24-6-402(4)(b) C. R. S.

 

Motion carried 3-0.

 

The meeting adjourned at 10:40 a.m., with no further action taken.

 

 

 

 

__________________________________________

  LEW GAITER III, CHAIR

BOARD OF COMMISSIONERS

 

 SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

 

______________________________________

Dana S. Bouchard, Deputy Clerk

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.